St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1887-04-14
MAY CROSS THE TRACKS.
The supreme Court. in the Famous
Crossing Case, FavOrs the Minnea-
polls & st, Louis.

polls a. st. Louis.
The supreme court yesterday gave its de-
cision in the somewhat celebrated case of
the Minneapolis & st. Louis Railroad COM
pany against the Manitoba, for the appoint
meut of commissioners in the matter of a
crossing in Minneapolis. The case went in
favor of the Minneapolis & ST. Louis. The
suit grew out OF the long standing issues
between the two roads, whereby the Mani
toba company refused to allow the st.
Louis the right of way into the Union depot
over its tracks. By a deal with the Nor
them Pacific. the Minneapolis & st. Louis
secured the right to run its trains over the
tracks of this road, bu. in order to do so, it
was necessary to cross the Manitoba tracks,
at grade. in Minneapolis. The Mani
toba refused to allow this, and the st.
Louis went to the courts for the appoint.
ment of commissioners to assess damages
etc.. for the crossing. The arguments were
made by the best legal authorities in the
two cities. The court below favored the
appeal for commissioners, as asked for by
the Minneapolis 81 st. Louis. The Mani
t6ba took the case to the supreme court and
agaihsthe, decision is against this company.
Below is the syllabus.
THE SYLLABUS
In the matter of the petition of the Minneap-
oils st. Louis Railroad company for the
Eappointment OF commissioners, etc.. re-
spondent VS.. The St. Paul, Minneapolis s.
Manitoba Railway company. appellant.
Syllabus-It appearing that the MinneapO-
lis s. st. Louis Railroad company was con-
stituted and organized as corporation uu-
der the original charter granted to the Min
neSOta Western Railroad company and the
acts amendatory thereof, and that its corpo-
rate franchises are still being exercised, 1t is
he'll M IN m m nuti
proceedings set forth in the record to inquire
or determine whether an alleged consolda-
ton agreement made in pursuance of special
laws OF 1851, chapter 113, between such corpo-
ration and certain other lines of railway
leased operated by it is or is not valid, since
in either case the petition and proceedings
are warranted by the provisions of the char
ter, and collateral inquiry into the author
lily OF particular officers or directors to man
age its affairs will not be made. The
by ? chapter 1S5, special laws 1879,
which empowers the Minneapolis &
ST. Louis Railroad company TO construct
any or all extensions or branches and open
tracks within the city of Minneapolis which
may be necessary to connect it's road with
other railroads, and when necessary for such
purpose to enter upon and cross the road
beds and tracks OF other railroad companies
upon paying just compensation, to be aScer-
tanned under the condemnation proceedings
thereby authorized. Held upon the evidence
produced before the district court that a case
was made for its consideration within the
provisions Of that act, and authorizing the
appointment of commissioners as petitiOned
for. Under the provisions of section 1, of
the same act, the location and manner of
crossing are to be determined upon the evil
dence produced and showing made befole the
trial court as questions of fact; and in re-
viewing the decision thereon this court will
only inquire whether there are legal errors
In the proceedings or any abuse of discretion
on the part of the trial court. Order af-
frmed. VANDERBURGH, j.
SUPREME COURT RECORD.
Marcus Kobe vs. The. Northern Pacific
Railway company: argued and submitted.
Thomas Coleman vs.. The Northern Pacific
Railway company; same.
Byron NJ. Smith, administrator of the estate
of Sophia Cournoyer, vs.. Nes Swenson:
same. -
Patrick Ring VS.. 7. r., Lawler, c. o.
Duplessis and A. w. Smith; order affirmed.
FRAUDULENT TRANSFER
Sometime ago the United States secured
q Judgment in the circuit court against
Henry S. Hill for S50l.1 TO-. The defendant
at that time was the owner of q piece of
land in Morrison, but the marshal found.
upon visit. that the lands had been con-
yeyed to the defendants wife and Henry
II. Hill, as it was thought, to avoid settle
ment. The plaintiff Las now brought suit
against etbree parties named to have the
conpeyanees and mortgages set aside and
declared fraudulent, in order that the judy
ment may be satisfied.
tea= COURT NOTES.
Frank Thornthwaite, of Branerd, and
Reuben Gray. of Lake Edwards, were brought
= before Commissioner McCafferty, on a bench
warrant yesterday, charged with selling whisky
to Indians. Both gave bonds in the sum of $500
for their appearance at the June term of
the district court at Winona.
Annie Preston, a white woman. was ar
raigned yesterday charged with selling liquor
without u license aud keeping house of i'll
fame on Minnesota street. The inmates of
the house are colored women and it has u bad
reputation.
Testimony was introduced before Judge
Kelly yesterday in the case of John L.
Minority against John H. Bryant, to settle the
title to certain real estate, and the oral ar
guments will be heard May.
James Garyey, of Rochester,, Mimi, has
brought suit against james Gallagher for
$4,000 for breach of contract in failing to de-
liver certain piece of real estate in Ramsey
ieountyjf A9A
W. B: Craig 10 recover 1881 .27 for goods de-
sivefed. 1.-the plaintiff has also filed an affida-
Wit of punishment against H. E. Horton.
Z Charles Manning, the cowboy arrested In
st. Paul Tuesday for recent robbery at
jamestown, OAK, was arraigned in the police
court and held for hearing until to-day.
Upon motion of NJ. D. Munne, James Red
mond O'Reiliy was yesterday admitted to
practice In the courts of Minnesota on GER
tificate from Upper Canada.
In the case Of Andrew Anderson against
John F. Burke the plaiutif has begun garni-
shee proceedings against the West Side bank.
Matthias Frisk was excused from acting as
juror in the district court yesterday on
proof that he was not a naturalized citizen.